TERMS AND CONDITIONS

Transcription

1 TERMS AND CONDITIONS To compete you must: Be at least 21 years of age Be a San Diego, Riverside County or Orange County resident Be a current itan Sun Spray Spa customer Submit a full body photo on itan s Facebook page or designated contest entry page during April 1 st through May 15 th, Winners from the online voting will be contacted June 2 nd, 2016 and must confirm by June 7 th, The winners chosen from the online voting will need to be able to attend the 2016 itan Model Search Casting Call Thursday, June 23 rd from 3-8 p.m. at Hilton Garden Inn Carlsbad Beach Provide an accurate and current photo. Any photo entry deemed misleading on the day of the itan Model Search Casting Call on July 23 rd, 2016 will be disqualified Give a brief description upon entry of why you should be a finalist (any inappropriate content will not be accepted) Be able to represent the itan brand in promotional events and marketing until August 1, 2017 Sign a Waiver of Liability and Expectation Form and complete a Model Release Form Eligibility Requirements: itan Sun Spray Spa employees are not eligible to enter the competition. Any partner or associate of itan Sun Spray Spa is not eligible to enter the competition. Must be at least 21 years old to enter. All Contestants must execute all consents and/or waivers of liability and releases presented as conditions prior to the online voting, beginning on May 16 th 31 st. All Contestants must abide by all rules and regulations of the itan Model Search Casting Call. Contestants must not have ever been convicted of a crime itan Model Responsibilities: Photo shoot in August/September 2016 Fulfill brand ambassador duties such as promoting itan to the local community and supporting itan s social media efforts Required to submit two social media posts with itan tagged per month utilizing itan s social media guidelines, which will be distributed by the itan marketing team 1

2 Required to share a written testimonial for experiences with itan s sun, spray and spa services upon request of the itan marketing team Required to attend and represent itan in at least 5 sponsored/co-sponsored events Winners will receive $500 for meeting all of the above responsibilities Rules and Regulations: Contestants must conduct themselves in an appropriate manner throughout the itan Model Search Casting Call. Contestants will not be permitted to drink alcoholic beverages, smoke or use foul language at any time during the itan Model Search Casting Call. Each Contestant will supply the itan Model Search Judges with one 8 x 10 color photo during the itan Model Search Casting Call. The photos should be full body photos in swimsuit attire. The 8 x 10 photo will be used for photogenic judging. A Contestant, or any individual related to a Contestant, must not approach Judges with the intent to influence or harass. Action of this type will be reported to itan Sun Spray Spa and disqualification of that Contestant could result. Finalists will provide their own transportation to and from their home to the Hilton Garden Inn Carlsbad Beach. Finalists are responsible for all parking expenses associated with the itan Model Search Casting Call. Contestants must provide their own wardrobe and agree to follow the Wardrobe Guidelines on page 3. All swimwear must be approved by the itan Model Search Casting Call Committee on July 8, Friends and relatives are not allowed to visit with Contestants prior to or during the itan Model Search Casting Call. Any items to be sent to the Contestants should go through the front desk. This allows the Contestants to keep with the itan Model Search Casting Call and concentrate on the competition. itan Sun Spray Spa expects each Contestant to display the highest degree of sportsmanship during the itan Model Search Casting Call. Each Contestant should be mindful that they are representing their local community and itan Sun Spray Spa. Poor sportsman-like conduct will not be tolerated and could result in the Contestant being disqualified. Judging: Contestants will be asked questions regarding their knowledge and experiences related to the itan brand. Scoring is based on overall communication skills, including personality, overall first 2

3 impression and personal appearance, and whether the contestant possesses the overall qualities and attributes of an itan Model. Wardrobe Guidelines Contestants should wear their swimwear during the first portion of the casting call. No thongs or Brazilian-style bikinis will be permitted. It s recommended that the shoes be easy to walk in. Please bring a cover-up dress or shirt and bottoms to wear during the interview portion of the judging portion. Scoring is based on overall first impression, overall physique and demonstration of itan Model attributes. Prize: The 2016 itan Model Search winners will receive $500 after model responsibilities outlined are met, a year of free itan sun, spray and spa services and modeling portfolio. RELEASE AND WAIVER OF LIABILITY FORM This Release and Waiver of Liability Form ( Release and Waiver ) is entered into by and between itan Franchising, Inc., a California corporation ( itan ), and the undersigned participant ( Participant ), effective immediately upon acceptance. In consideration of itan accepting Participant s entry submission and permitting Participant to participate in the ITAN Model Search Casting Call (the Event ), Participant agrees as follows: (1) Acknowledgement and Assumption of Risks. Participant acknowledges she/he is aware the Event is a competition, and may require physical and mental exertion that may be strenuous and may cause physical injury, and Participant acknowledges that she/he is fully aware of the risks and hazards involved. Participant fully accepts and assumes all such risks and all responsibility for losses, costs, and damages that may result from competing in the Event. (2) Representation of Ability to Participate. Participant represents that she/he is over the age of twenty-one (21) and in satisfactory physical condition and has no medical condition that would prevent Participant from participating in the Event. Participant affirms she/he has read and accepts the Event Terms & Conditions and has had the opportunity to ask any questions she/he may have regarding the Event. If necessary and in the event of an accident, and at Participant s sole expense, Participant hereby authorizes medical transportation to a medical facility or hospital. (3) Release. By entering the Event, Participant agrees to release, discharge, and hold harmless itan, its owners, officers, administrators, employees, instructors, and/or agents, as well the owners, distributors, manufacturers, wholesalers, and any other entity affiliated with itan, 3

4 and any other person or entity connected with the Event, their heirs, executors, successors, assigns, and administrators (collectively Released Parties ) from any and all liability, claims, losses, and damages arising out of Participant s participation in the Event or any Event-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder, including, without limitation, all liability for injuries, including but not limited to, personal injury, bodily injury, property damage, or loss or damage of any other kind arising in whole or in part, directly or indirectly, from delivery/non-delivery, acceptance, use or misuse of the prize or from participation in the Event or any Event-related activity. Participant further releases, acquits, covenants not to sue and therefore discharges the Released Parties of and from any and all actions, and knowingly, voluntarily, and expressly waives any claim Participant may have against the Released Parties for any injuries or damages (known or unknown), property damage or loss of any kind, including death, whether such injury, damage, loss, or death was caused by the alleged negligence of itan, another participant, or any other person or cause, which Participant may sustain as a result of participating in the Event. (4) Indemnification. Participant further voluntarily defends, indemnifies, and holds harmless the Released Parties from any and all liabilities or claims made as a result of or relating to Participant participating in the Event, including attorney s fees, for any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by Participant or any other person arising or resulting directly or indirectly from Participant participating in the Event, whether such injury, death, loss, or damage was caused by the alleged negligence of itan, another participant, or any other person or cause. (5) Severability. Participant further expressly agrees that the foregoing Release and Waiver is intended to be as broad and inclusive as is permitted by the laws of the State of California, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. (6) Data Privacy. Participant agrees that personal data, specifically name and address, may be processed and otherwise used for the purposes and within the context of the Event and any other purposes outlined in the Terms & Conditions and itan s privacy policy. This Release and Waiver is governed by the laws of the State of California, and exclusive jurisdiction shall be in San Diego County, California. This Release and Waiver shall be binding on the Participant s assignees, heirs, next of kin, executors, and personal representatives. Participant understands that acceptance of this Release and Waiver enters Participant into the online voting portion of the Event. Acceptance of this Release and Waiver does not guarantee Participant of becoming a finalist in the Event, nor award of any prize. PARTICIPANT REPRESENTS THAT THEY HAVE CAREFULLY READ AND UNDERSTAND THE CONTENTS OF THIS RELEASE AND WAIVER OF LIABILITY FORM. BY CLICKING THE ACCEPT BUTTON, PARTICIPANT IS EXECUTING THIS FORM VOLUNTARILY AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. (Print First & Last Name) 4

5 (Signature) (Date) MODEL RELEASE AND AGREEMENT FORM This Model Release and Agreement ( Agreement ) is entered into by and between itan Franchising, Inc., a California corporation ( itan ), and the undersigned participant ( Participant ), effective immediately upon acceptance. In consideration of itan accepting Participant s entry submission and permitting Participant to participate in the ITAN Model Search Casting Call (the Event ), Participant agrees as follows: (1) Acknowledgement. Participant understands itan intends to have its annual contest, the Event, to find its fresh, new face to represent the itan brand. Participant understands photographs and videos, or any reproduction (full or partial) thereof, in any form, style, or color, of participants will comprise a significant portion of the Event. Participant hereby acknowledges that itan is interested in acquiring the right to utilize Participant s Likeness, which is made and/or obtained during any part of the Event, for advertising, publicity, commercial, or other itan business purposes. Likeness shall mean Participant s name, picture, signature, autograph, facsimile signature, likeness, voice, character, identity, initials, photograph, video, or film portrayals, image, and biographical information. Participant has agreed, subject to the terms and conditions set forth herein, to authorize the use of her Likeness by itan ( Participant Media ). (2) Use of Media. Participant understands that itan owns all right, title, and interest to the Participant Media in perpetuity. Participant further understands that the Participant Media is the sole property of itan free and clear from all claims of any nature relating to Participant s contributions and other efforts, including the right to register all copy, trade, and service mark rights therein in itan s name as author in the United States of America and in all foreign countries. (3) Assignment of All Rights to itan. Participant agrees that itan shall have full ownership of the Participant Media with no rights of ownership in Participant. Participant agrees that this Agreement shall operate as an irrevocable assignment by Participant to itan of the copy, trade, and service mark rights to the Participant Media, including all rights thereunder, in perpetuity. Under this irrevocable assignment, Participant hereby assigns to itan the sole and exclusive right, title, and interest in and to the Media, without further consideration, and agrees to assist itan in registering and from time to time enforcing, at itan's expense, all copyrights and other rights and protections relating to the Media in any and all countries. 5

6 (4) Release. Participant hereby releases, discharges, and agrees to save harmless itan, its owners, officers, administrators, employees, instructors, and/or agents, as well the owners, distributors, manufacturers, wholesalers, and any other entity affiliated with itan, and any other person or entity connected with the Event, their heirs, executors, successors, assigns, and administrators (collectively Released Parties ) from all actions, claims for relief, and causes of action that Participant may have against the Released Parties by reason of this Agreement. Participant further releases, discharges, and agrees to save harmless the Released Parties from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the creation of the Participant Media or in any subsequent processing thereof, as well as any publication thereof, including, without limitation, any claims for libel or invasion of privacy. (5) No Joint Venture, Partner. Nothing contained in this Agreement shall be construed as establishing an employee/employer, partnership, or joint venture relationship between itan and Participant. (6) Severability. Participant further expressly agrees that the foregoing Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of California, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This Model Release and Agreement is governed by the laws of the State of California, and exclusive jurisdiction shall be in San Diego County, California. This Model Release and Agreement shall be binding on the Participant s assignees, heirs, next of kin, executors, and personal representatives. PARTICIPANT REPRESENTS THAT SHE/HE HAS CAREFULLY READ AND UNDERSTOOD THE CONTENTS OF THIS MODEL RELEASE AND AGREEMENT FORM. BY CLICKING THE ACCEPT BUTTON, PARTICIPANT IS EXECUTING THIS FORM VOLUNTARILY AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. (Print First & Last Name) (Signature) (Date) 6